If that happens, Urot said they will file a motion for execution (of the decision), while the court tackles the appeal.

Lemar was declared winner by just 119 votes. Lemar is the son of Alliance for Nationalism and Democracy Party-list Rep. Pastor “Jun” Alcover.

Residency requirement

Ailien filed an election protest and asked the court to order the recount of ballots in all 24 polling precincts.

In her poll protest, Ailien said votes counted for Lemar should be considered stray votes since Lemar “failed to comply with the residency requirements.”

She said Lemar filed a certificate of candidacy for mayor of Tabogon, Cebu during the local elections last May.

“Being a candidate for an elective post in another place in Cebu Province and not Cebu City means that protestee (Lemar) is not a resident of Sambag 1 at the time he filed his certificate of candidacy for punong barangay,” she said.

She also said Lemar employed “widespread chaos, harassment, threats and intimidation” among her supporters, leaders and coordinators during the election.

Allegations

Due to the alleged threats and coercion by his supporters, Ailien said hundreds of their political allies were forced to go home without voting.

She also accused her rival of resorting to vote-buying “in all contested precincts” in the barangay.

She said valid ballots were not filled up by registered voters, but by supporters and leaders of Lemar.

“In the same vein, the scheme of pre-filled-up ballots was rampant and extensively implemented on election day in Barangay Sambag I,” she said.

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